NewsState

Actions

Florida Attorney General tells Fort Myers officials that rejecting ICE breaks the law

On Monday night, the Fort Myers City Council voted down a 287(g) agreement that would have enhanced local law enforcement training, enabling officers to assist with detentions and deportations
Fort Myers Police Department
Posted

FORT MYERS, Fla. — “They’re breaking the law,” Florida Attorney General James Uthmeier warned on Wednesday, addressing city officials in Fort Myers and beyond. Uthmeier emphasized that failure to approve immigration agreements with federal authorities could have serious consequences.

On Monday night, the Fort Myers City Council voted down a 287(g) agreement that would have enhanced local law enforcement training, enabling officers to assist with detentions and deportations. The 3-3 split vote followed emotional testimony from several council members, who expressed concerns that the measure could lead to racial profiling and harm the community.

“I can’t,” said Diana Giraldo of Ward 2. “I can't stand behind this as an immigrant, the only immigrant sitting in this council.”

The decision may have serious repercussions, according to Uthmeier, who stated that the actions could violate Florida’s ban on sanctuary cities. He warned that penalties would follow unless the decision is reversed.

WATCH: What's next now that Fort Myers City Council rejected a 287(g) agreement?

Florida Attorney General tells Fort Myers officials rejecting ICE breaks the law

“By preventing law enforcement from doing that, they are breaking the law,” said Uthmeier, a Republican.

Earlier this week, Uthmeier sent a letter to the council, stressing that the move undermines Florida's anti-sanctuary policies. If the city does not reconsider, Uthmeier said the state would move forward with penalties.

“There are civil penalties, certainly, laid out there,” said the attorney general. “The governor has suspension powers. So, you know, he's proven he's not one to sit on his hands too long if they're standing in the way and they're preventing law enforcement from participating. He typically will take people out of that position and get somebody in that's willing to do their job. So we're looking at all options again. We put them on notice, but we're not going to wait long. If they don't immediately correct their problem, we will take action.”

When asked about the timeline for potential action, Uthmeier was firm: “Stay tuned.”

Since the council’s vote, Republican leaders statewide have called for the governor to remove the Fort Myers officials from office. While Governor Ron DeSantis has not confirmed such a move, he emphasized that Florida will “ensure its laws are followed” in an online statement.

Uthmeier also warned other cities to take note, suggesting that further resistance to state immigration policies would be met with similar consequences.

“This is the first case that has reared its head,” Uthmeier said. “But if other municipalities decide they don't want to take our legislation seriously— they don't want to combat illegal immigration— we'll be going after them too.”

Meanwhile, Democrats have sharply criticized the state’s aggressive stance on immigration. Many argue that comprehensive immigration reform should come from the federal government, not individual states.

“What the Attorney General and the Governor are doing is creating a state of fear,” said Juan Cuba, a DNC member and head of the Miami-Dade Democratic Hispanic Caucus.

Cuba emphasized that the immigration agreements are voluntary for local police, with state law requiring them only for sheriffs and chief correctional officers. He expressed concern that Florida’s push would erode public trust in law enforcement, overburden resources, and violate constitutional principles of state power.

“If the governor wants to make these agreements mandatory, he should go through the legislature,” Cuba argued. “And I encourage our city commissioners not to cower in fear, but to challenge these threats in court.”

If the matter reaches court, Uthmeier said he is prepared for a legal battle.

“If a city is going to take such action to prevent law enforcement from participating in these programs, that, in and of itself, is impeding the ability of law enforcement to work with the federal government,” said Uthmeier. “So I think if they're not approving these 287(g) participations, there is a presumption of illegality based on the very robust immigration legislation that was passed in special session just weeks ago.”

The situation remains fluid, with the Fort Myers City Council scheduled to reconsider the ICE agreement on Friday.